SECTION 460:1-11-4. Certificates of competency  

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  • (a)   If, in a complaint alleging violation of a certificate of competency, the Commission finds that public health, safety, or welfare imperatively requires emergency action, the Commission may order a summary suspension of said certificate pending proceedings for revocation. Said findings must be incorporated in the order. Except for summary suspension, the Commission may issue a disciplinary order revoking the certificate of competency only after a formal hearing. Grounds for denial, revocation, refusal to renew, or summary suspension of a certificate of competency include:
    (1)   Fraud, deception or misrepresentation in applying for a certificate of competency or in taking the examination;
    (2)   Noncompliance with statutory requirements or the governing rules and regulations;
    (3)   Violating any other jurisdiction's mining laws, requirements or rules and regulations;
    (4)   Mental impairment;
    (5)   Gross incompetence, including failure to use due diligence and proper restraint in the course of performance;
    (6)   Dishonest practice;
    (7)   Nonpayment of fees will result in automatic revocation;
    (8)   Unauthorized or misuse of seal, including the sealing, dating and signing of any documents.